O princípio da impessoalidade na administração pública no tocante a Súmula Vinculante nº 13 do STF

Abstract

The scope of this article concerns the study of the principle of impersonality as one of the guiding principles of the public administration which, due to the insistence of harmful conduct of the public agent, made possible the creation of the binding precedent no. 13 of the STF, which explicitly concretizes the prohibition of nepotism. The purpose of the research is to demonstrate that the principle of impersonality continues to be attacked by the public agent who aims to satiate his personal interests through the public machine because he knows that the harmful conduct practiced can be "made up" and perhaps never penalized. As well, the survey aims to reaffirm that constitutional limits exist and that the binding precedent no. 13 of the STF was enacted to strengthen even more legal security, and that it is possible for citizens to participate actively as inspectors in the control and management of public administration. It also describes the administrative direct through the Democratic State of Law and the administrative reality in Brazil with historical foundations and legislative prevision. It also describes the basic principles of public administration, especially the principle of impersonality and morality with respect to the aspects of the binding precedent no. 13 of the STF. As well, the means of inspection of acts of improbity and their respective punishment against the binding, embodied in the 1988 Constitution and infra-constitutional legislation, are presented. The principle of popular participation proclaimed by the Democratic State of Law and the institutes of popular participation are also studied in order to make the popular participation of society effective as an instrument to control the conduct of public agents. As a conclusion, it shows that it is fundamental for society to have an active participation in the supervision of the administration against the practice of nepotism, taking the denunciations to the Public Power.